Memo

BILL NUMBER:S5362

TITLE OF BILL: An act to amend the education law, in relation to referrals to state adult service agencies for certain students with disabilities who have reached the age of 18; and to repeal clause (d-2) of subparagraph 3 of paragraph b of subdivision 1 of section 4402 of the education law relating to the requirement that boards of education develop plans and policies for appropriate declassification of students with disabilities

PURPOSE: To streamline the process of transition planning when students with disabilities are no longer eligible for tuition free educational services.

JUSTIFICATION: Providing for transitional services for those special education students who may need additional services after aging out of an educational program is a key responsibility of the committee on special education. Present law requires the committee on special education to provide written notice to the parent that their child is not entitled to tuition free educational services after the age of 21 or upon receipt of a high school diploma. This notice is required to be presented when the student turns 18. However, this requirement is often duplicative. Currently, each student is entitled to an annual review of their individual education plan. This legislation would streamline the process of transition planning for students, parents and educational team members by incorporating this notice with the annual review. This bill, upon consent of the parent, also allows for the invitation of representatives from the Office of Mental Health or the Office for People with Developmental Disabilities to participate in the annual review meeting, if it is determined that the student is likely to require adult services after the age of 18. This streamlined process will better serve students, families and educational team members as they strive to provide proper transitional services to students who are aging out of the educational system and into the adult social services system.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: Possible savings to local school district.

EFFECTIVE DATE: Immediately.

Text

STATE OF NEW YORK
________________________________________________________________________
5362
2013-2014 Regular Sessions
IN SENATE
May 16, 2013
___________

Introduced by Sens. FLANAGAN, FELDER -- read twice and ordered printed,
and when printed to be committed to the Committee on Education
AN ACT to amend the education law, in relation to referrals to state
adult service agencies for certain students with disabilities who have
reached the age of 18; and to repeal clause (d-2) of subparagraph 3 of
paragraph b of subdivision 1 of section 4402 of the education law
relating to the requirement that boards of education develop plans and
policies for appropriate declassification of students with disabili-
ties
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subparagraphs 5 and 7 of paragraph b of subdivision 1 of
section 4402 of the education law, subparagraph 5 as amended by chapter
256 of the laws of 1988 and subparagraph 7 as amended by chapter 194 of
the laws of 1991, are amended to read as follows:
(5) The committee on special education or, in the case of a state
operated school, the multidisciplinary team shall [provide written
notice that a child who is placed in those residential programs speci-
fied in paragraphs d, g, h and l of subdivision two of section forty-
four hundred one of this article is not entitled to receive tuition free
educational services after the age of twenty-one, the receipt of a high
school diploma or the time described in subdivision five of this
section. Such written notice shall be provided to the child and to the
parents or legal guardian of such child when such child attains the age
of eighteen or, if such child is over the age of eighteen when placed in
such a residential program, at the time of placement. Upon the first
annual review after the age of fifteen of a child who is receiving non-
residential special services or programs as specified in paragraph a, b,
c, d, e, f, i, j, l or m of subdivision two of section forty-four
hundred one of this article, or is receiving special services or
programs in a day program at the human resources school; is receiving

EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11077-01-3

S. 5362 2

such special services or programs one hundred per centum of the school
day; is receiving individualized attention or intervention because of
intensive management needs or a severe handicap; and, as determined by
the committee on special education or multidisciplinary team pursuant to
regulations promulgated by the commissioner, may need adult services
from the office of mental health, office of mental retardation and
developmental disabilities, the state department of social services, a
social services district, or the state education department, the commit-
tee or multidisciplinary team shall provide to such child's parent or
guardian, and if such child is eighteen years of age or older, to the
child, written notice that such child is not entitled to receive tuition
free educational services after the receipt of a high school diploma,
the age of twenty-one or the time described in subdivision five of this
section.] NOT LATER THAN THE ANNUAL REVIEW PRIOR TO THE EIGHTEENTH
BIRTHDAY OF A STUDENT WITH A DISABILITY WHO IS PLACED IN A RESIDENTIAL
PROGRAM BY THE COMMITTEE OR MULTIDISCIPLINARY TEAM, OR A STUDENT WITH A
DISABILITY WHO IS PLACED IN A DAY PROGRAM BUT THE COMMITTEE OR MULTIDIS-
CIPLINARY TEAM HAS DETERMINED THAT THE STUDENT IS LIKELY TO REQUIRE
ADULT RESIDENTIAL SERVICES, WITH THE CONSENT OF THE PARENTS, NOTIFY AND
INVITE A REPRESENTATIVE OF THE OFFICE OF MENTAL HEALTH, OFFICE FOR
PEOPLE WITH DEVELOPMENTAL DISABILITIES, OR THE STATE EDUCATION DEPART-
MENT, AS APPROPRIATE, TO PARTICIPATE IN THE COMMITTEE ON SPECIAL EDUCA-
TION MEETING FOR THE DEVELOPMENT OF A RECOMMENDATION FOR ADULT SERVICES
PURSUANT TO SECTION 7.37 OR 13.37 OF THE MENTAL HYGIENE LAW, SECTION
THREE HUNDRED NINETY-EIGHT-C OF THE SOCIAL SERVICES LAW OR SECTION
FORTY-FOUR HUNDRED THREE OF THIS ARTICLE. THE COMMITTEE OR MULTIDISCI-
PLINARY TEAM SHALL GIVE THE PARENT OR GUARDIAN OF THE CHILD, THE OPPOR-
TUNITY TO CONSENT IN WRITING TO THE RELEASE OF RELEVANT INFORMATION TO
SUCH OTHER PUBLIC AGENCY OR AGENCIES, UPON REQUEST OF SUCH AGENCY OR
AGENCIES, FOR PURPOSES OF DETERMINING APPROPRIATENESS OF AN ADULT
PROGRAM FOR SUCH STUDENT.
(a) [Written notice given pursuant to this subparagraph shall describe
in detail the opportunity to consent to have the child's name and other
relevant information forwarded in a report to the commissioner of mental
health, commissioner of mental retardation and developmental disabili-
ties, commissioner of social services, or commissioner of education, or
their designees, for the purpose of determining whether such child will
likely need adult services and, if so, recommending possible adult
services.] For the purposes of this subparagraph "relevant information"
shall be defined as that information in the possession of and used by
the committee or the multidisciplinary team to ascertain the physical,
mental, emotional and cultural-educational factors which contribute to
the [child's handicapping condition] STUDENT'S DISABILITY, including but
not limited to: (i) results of physical and psychological examinations
performed by private and school district physicians and psychologists;
(ii) relevant information presented by the parent, guardian and teacher;
(iii) school data which bear on the [child's] STUDENT'S progress includ-
ing the [child's] STUDENT'S most recent individualized education
program; (iv) results of the most recent examinations and evaluations
performed pursuant to clause (d) of subparagraph three of this para-
graph; and (v) results of other suitable evaluations and examinations
possessed by the committee or multidisciplinary team. Nothing in this
subparagraph shall be construed to require any committee or multidisci-
plinary team to perform any examination or evaluation not otherwise
required by law.

S. 5362 3

(b) Upon consent obtained pursuant to [clause (c) of] this subpara-
graph, the committee or multidisciplinary team shall forward the
[child's] STUDENT'S name and other relevant information in a report to
the [commissioner of mental health, commissioner of mental retardation
and developmental disabilities, commissioner of social services, or
commissioner of education, or their designees, for the development of a
recommendation for adult services pursuant to section 7.37 or 13.37 of
the mental hygiene law, section three hundred ninety-eight-c of the
social services law or subdivision ten of section forty-four hundred
three of this article. The] APPROPRIATE PUBLIC AGENCY AS DETERMINED BY
THE committee or multidisciplinary team [shall determine which commis-
sioner shall receive the report by considering], BASED UPON the [child's
handicapping condition] STUDENT'S DISABILITY and physical, mental,
emotional and social needs. The committee shall forward additional and
updated relevant information to the [commissioner of mental health,
commissioner of mental retardation and developmental disabilities,
commmissioner of social services, or commissioner of education, or their
designees,] APPROPRIATE PUBLIC AGENCY upon the request for such informa-
tion by such [commissioner or designee] AGENCY, WITH THE CONSENT OF THE
PARENTS, OR THE STUDENT, IF SUCH STUDENT IS EIGHTEEN YEARS OR OLDER.
(c) [Upon receipt of the notice by the child pursuant to this subpara-
graph, the child, if eighteen years of age or older, shall be given the
opportunity to consent or withhold consent to the release of the rele-
vant information. Such opportunity shall be given within twenty days of
the receipt of the notice. An appropriate member of the staff of the
educational facility shall be available to assist the child, if neces-
sary, to understand the contents of the notice and the need for his or
her consent for the release of the relevant information. A form,
prescribed by the commissioner, shall be presented to the child for
response, which shall clearly set forth the options of giving consent or
withholding consent. In the event that the child exercises neither
option, and the designated member of the staff of the educational facil-
ity has reason to believe that the child may not be able to understand
the purpose of the form, or in the event that the child is less than
eighteen years of age, the committee on special education or the multi-
disciplinary team shall give the parent or guardian of the child the
opportunity to consent in writing to the release of the relevant infor-
mation. Nothing in this clause shall be construed to be a determination
of the child's mental capacity.
(d)] When the committee or multidisciplinary team is notified by the
[commissioner who] PUBLIC AGENCY WHICH received the report that such
state agency is not responsible for determining and recommending adult
services for the child, the committee or multidisciplinary team shall
forward the report to another [commissioner] PUBLIC AGENCY; or, if the
committee or multidisciplinary team determines that there exists a
dispute as to which state agency has the responsibility for determining
and recommending adult services, the committee or multidisciplinary team
may forward the report to the council on children and families for a
resolution of such dispute.
[(e) The committee and multidisciplinary team shall prepare and submit
an annual report to the state education department on or before October
first of each year. Such annual report shall contain the number of cases
submitted to each commissioner pursuant to clause (b) or (d) of this
subparagraph, the type and severity of the handicapping condition
involved with each such case, the number of notices received which deny
responsibility for determining and recommending adult services, and

S. 5362 4

other information necessary for the state education department and the
council on children and families to monitor the need for adult services.
Such annual report shall not contain individually identifying informa-
tion. The state education department shall forward a copy of such annual
report to the council on children and families. All information received
by the council on children and families pursuant to this subparagraph
shall be subject to the confidentiality requirements of the department.
(f) For purposes of this subparagraph, the term "multidisciplinary
team" refers to the unit which operates in lieu of a committee on
special education with respect to children in state operated schools.
(7)] (6) The committee on special education shall provide a copy of
the handbook for parents of children with [handicapping conditions]
DISABILITIES established under subdivision eight of section four thou-
sand four hundred three of this article or a locally approved [hand-
icapped] booklet FOR PARENTS OF CHILDREN WITH DISABILITIES to the
parents or person in parental relationship to a child as soon as practi-
cable after such child has been referred for evaluation to the committee
on special education.
S 2. Clause (d-2) of subparagraph 3 of paragraph b of subdivision 1 of
section 4402 of the education law is REPEALED.
S 3. This act shall take effect immediately.

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